The Constitutional Quandry (Winter 2008-2009)
December 08, 2008
On November 27, 2008, the Canadian government made an announcement that set off a series of controversial events, resulting in a political situation unprecedented in the history of Canada.
It all began when Finance Minister Jim Flaherty, rose in the House of Commons to deliver an economic statement indicating that, the next day, the government would introduce a proposal that would be a matter of confidence, meaning that if the other parties voted it down, the current government would fall, triggering another election. This proposal was to include:
· a cut of the per-vote subsidy each party receives to help fund its activities;
· the introduction of legislation taking away public servants’ right to strike; and
· the end of allowing women to file human rights complaints for pay-equity.
This announcement resulted in an uproar from the opposition parties, who saw these proposals as an attempt by a minority government to eliminate any challengers, to subvert basic rights, and to further partisan proposals as though it were a majority government. The opposition parties also noted that any economic announcement should have addressed a stimulation package for the wilting economy. As a result, the opposition parties announced that the Conservative government had lost the confidence of the House of Commons, that they would form a Liberal-NDP coalition, supported by the Bloc Québecois, and that all members and supporters of the coalition would vote against the economic statement when it went to a vote the following day. But on November 28th, the government put off the vote to December 1st, and then put off again to December 8th.
In further efforts to deal with the emerging crisis, on November 29th, the Conservatives announced that they would scrap their plan to end the subsidy for political parties. In addition, on November 30th, the government, which had long expressed that it made no sense to propose large economic stimuli until it knew what the new American president would do, also announced that, instead of introducing the statement as planned, it would provide a budget at the advanced date of January 26th, 2009. In order to do this, however, the Prime Minister would ask the Governor General to suspend (also known as “to prorogue”) parliament until that time. If she agreed, there would be no confidence vote until that day.
Despite these actions on the part of the government, on December 1st, the Liberals, NDP, and Bloc Québecois signed a formal coalition. Under this coalition, Stéphane Dion would assume the position of Prime Minister, provide 6 cabinet posts to the NDP, and ensure 18 months of voting support from the Bloc Québecois.
On December 4th, the Prime Minister asked the Governor General, Michaëlle Jean, to prorogue Parliament until January 26th, 2009. She agreed.
Since that time, Canadian citizens have been inundated with headlines claiming many things on both sides of the legal debate, including:
- that the coalition is illegal, and alternatively, that the coalition is legal;
- that the coalition is undemocratic, and alternatively, that the coalition is a shining example of democracy at work;
- that the Prime Minister had shut down Parliament and that this was undemocratic, or alternatively, quite in keeping with democratic principles;
- that the coalition does not have the right to take power without an election, or alternatively, that it does;
- that Stephen Harper is the Prime Minister elected by the people of Canada and that the actions of the coalition usurp the choice of Canadians;
- that the inclusion of the Bloc will have a detrimental effect on Canada and should not have been agreed to; and
- that the coalition will result in instability, and alternatively, that the coalition will result in stability.
Although, in school, many of us were introduced to the general principles of Canada’s parliamentary democracy, such intricate details may not have been covered, and, if they were, they are so rare that it is unlikely that many of us would remember them. In addition, very few of us have ever before been personally exposed to the complexities of the current political situation (there was something similar in 1917, but even that was simpler).
That being the case, and given that the current debate revolves around some our most basic rights – namely every citizen’s democratic rights, as enshrined by the Canadian Charter of Rights and Freedoms – many citizens are currently seeking detailed and accurate information on this situation.
For more information, please click on the related links below:
Coalitions in Canada - an interactive timeline (Globe & Mail) The Globe and Mail presents a timeline (1917-present-day)of Canadian coalitions, accords and the King-Byng affair.
Coalition Crisis stories (CBC) The crisis in Canada's Parliament has generated an unprecedented response from readers of CBC.ca. This is a collection of CBC's stories of the crisis.
How might it work in Canada (CBC Q & A) CBC News contacted Carleton University political scientist Jonathan Malloy to speak about the possibility of a coalition government.
The Centre for Constitutional Studies - headline reviews From the University of Alberta.
Crisis in Canada (Global news / National Post video) On December 4, 2008, the University of Ottawa Faculty of Law hosted a forum on the implications of the week's political crisis.
The Parliament of Canada The Governor General prorogued the First Session of the 40th Parliament on Thursday, December 4, 2008.
Inside Canada's Parliament This resource takes you behind the scenes, through the corridors and back passages, to show you how the work of Parliament gets done.
Was the Governor General's Decision to Prorogue Parliament Constitutional? Canada's Leading Scholars Weigh in on this Historic Ruling (Webcast) On Dec. 5, 2008 the University of Toronto Faculty of Law hosted a panel discussion about the Governor-General's decision to prorogue parliament.
University of Toronto Law School Faculty Blog Following the UofT panel discussion, constitutional scholars & politicians continue the conversation. (Search tag: "constitututional law")
Q & A on the Coalition Crisis (Toronto Star) Do coalition governments work? How often are they formed? The Star has compiled answers to those & other questions concerning coalition governments.
Q & A on the Parliamentary Crisis (Toronto Star) The Star put readers’ questions to Christopher Dassios, an adjunct professor at Osgoode Hall Law School and constitutional historian Curtis Cole.
Hansard for Thursday, November 27, 2008 Hansard is the transcription of Parliamentary proceedings. The link takes you to the Economic and Fiscal Statement and the debate in the House.
Canadian Legal FAQs New FAQs by the Legal Resource Centre about coalition government and prorogation of parliament.
Churchill Society for the Advancement of Parliamentary Democracy The Society facilitates education, discussion and debate about Canada’s parliamentary democracy.
Power, Parliament and Prorogation: A Canadian Political Drama (JURIST) Written by JURIST guest columnist A. Wayne MacKay of Dalhousie Law School in Halifax, NS
The Governor General's Decision to Prorogue Parliament: Parliamentary Democracy Defended or Endangered? A paper authored by Andrew Heard (Assoc.Professor of Political Science at SFU) and published by the Centre for Constitutional Studies.
Canada's 40th Parliament in Crisis: What Happened? What's Next? (podcast) A panel discussion hosted by the Centre for Constitutional Studies on January 22, 2009.
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